Acórdão nº 5525/2004-3 de Court of Appeal of Lisbon (Portugal), 14 de Julho de 2004 (caso NULL)
Magistrado Responsável | SILVA PEREIRA |
Data da Resolução | 14 de Julho de 2004 |
Emissor | Court of Appeal of Lisbon (Portugal) |
O arguido (A), vem reclamar do despacho que, admitindo o recurso interposto a fls. 15249 e seguintes dos autos, mandou esse recurso subir nos próprios autos, conjuntamente com o recurso interposto da decisão que ponha termo à causa, nos termos dos arts. 399º, 400º a contrario, 401º nº 1, alínea b), 406º, nº 1, 407º nº3, 408º a contrario, 411º, nºs 1 e 3 e 414º, nº 1, todos do Código de Processo Penal (CPP).
O reclamante pugna pela subida imediata do recurso, nos termos do art. 407º n.º1, alínea i), conjugado com o art.310º, ambos do CPP, e pela atribuição do efeito suspensivo, nos termos do art. 408º, nº 1, alínea b), do mesmo normativo.
O despacho reclamado foi mantido Quanto ao efeito do recurso, como decorre do art. 405º do CPP, as reclamações para o presidente do tribunal a que o recurso se dirige servem unicamente para impugnar as decisões que não admitem um recurso ou que o retenham. Vale isto por dizer que as reclamações não são o meio próprio para impugnar o efeito da subida dos recursos (suspensivo ou meramente devolutivo). De resto como se vê do art. 417º nº 3, alínea b), do CPP, a questão do efeito do recurso é atribuída por lei ao relator do processo.
Assim, a questão a apreciar e decidir é a de saber se o recurso tem subida diferida, como se decidiu, ou, antes, se tem subida imediata como defende o reclamante.
Com interesse os autos mostram: - O despacho recorrido é da decisão instrutória.
- O fundamento do recurso é a nulidade da decisão instrutória.
O momento da subida de...
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